Common use of Limited Warranty and Limitation of Liability Clause in Contracts

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set out in the respective Statement of Work and this Agreement. (b) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Except as set forth in Section 5.3 below, Service Provider's sole and exclusive liability and Customer's sole and exclusive remedy for breach under this agreement shall be as follows: (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach after receiving written notice of such breach from Customer and upon verification to Customer in writing of its agreement that such breach has in fact occurred; provided, that if Service Provider cannot cure such breach within a reasonable time (not more than 60 days) after Service Provider's written verification of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination after receipt of Service Provider’s written notification that it has failed to cure such breach. (b) In the event the Agreement is terminated pursuant to Section 5.2(a) above, Service Provider shall within 60 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for the Service or Deliverables (as defined in Section 6 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination by the Customer on a prorated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 10 days after delivery of such Service or Deliverable to Customer.

Limited Warranty and Limitation of Liability. 5.1 Service Provider 4.1 Gadget Lab warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set out in the respective Statement of Work and this Agreement. (b) Using personnel of required skill, experience, and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar servicesworkmanlike manner. 5.2 Except as set forth in Section 5.3 below, Service Provider's 4.2 Gadget Lab’s sole and exclusive liability and Customer's ’s sole and exclusive remedy for breach under of this agreement warranty shall be as follows: (a) Service Provider Gadget Lab shall use reasonable commercial efforts to promptly cure any such breach after receiving written notice of such breach from Customer and upon verification to Customer in writing of its agreement that such breach has in fact occurredbreach; provided, that if Service Provider Gadget Lab cannot cure such breach within a reasonable time thirty (not more than 60 days30) days after Service Provider's Customer’s written verification notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination after receipt of Service Provider’s written notification that it has failed to cure such breachin accordance with Section 7.2. (b) In the event the Agreement is terminated pursuant to Section 5.2(a4.2(a) above, Service Provider Gadget Lab shall within 60 thirty (30) days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for the Service or Deliverables (as defined in Section 6 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination by the Customer on a prorated pro-rated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 10 thirty (30) days after delivery of such Service or Deliverable to Customer. 4.3 GADGET LAB MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 4.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 Service Provider 4.1 CC3 warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set out in the respective Statement of Work and this Agreement. (b) Using personnel of required skill, experience, and qualifications. (c) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar servicesworkmanlike manner. 5.2 Except as set forth in Section 5.3 below, Service Provider's 4.2 CC3’s sole and exclusive liability and Customer's ’s sole and exclusive remedy for breach under of this agreement warranty shall be as follows: (a) Service Provider CC3 shall use reasonable commercial efforts to promptly cure any such breach after receiving written notice of such breach from Customer and upon verification to Customer in writing of its agreement that such breach has in fact occurredbreach; provided, that if Service Provider CC3 cannot cure such breach within a reasonable time thirty (not more than 60 days30) days after Service Provider's Customer’s written verification notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination after receipt of Service Provider’s written notification that it has failed to cure such breachin accordance with Section 7.2. (b) In the event the Agreement is terminated pursuant to Section 5.2(a4.2(a) above, Service Provider CC3 shall within 60 thirty (30) days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for the Service or Deliverables (as defined in Section 6 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination by the Customer on a prorated pro-rated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 10 thirty (30) days after delivery of such Service or Deliverable to Customer. 4.3 CC3 MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 4.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 Service Provider 4.1 CC3 warrants that it shall perform the Services:Services:‌ (a) In accordance with the terms and subject to the conditions set out in the respective Statement of Work and this Agreement. (b) Using personnel having the knowledge, skill, and background to competently perform the Services. (c) In a timely, workmanlike, professional and professional manner in accordance with generally recognized industry standards for similar servicescompetent manner. 5.2 Except as set forth in Section 5.3 below, Service Provider's 4.2 CC3’s sole and exclusive liability and Customer's ’s sole and exclusive remedy for breach under of this agreement warranty shall be as follows: (a) Service Provider CC3 shall use reasonable commercial efforts to promptly cure any such breach after receiving written notice of such breach from Customer and upon verification to Customer in writing of its agreement that such breach has in fact occurredbreach; provided, that if Service Provider CC3 cannot cure such breach within a reasonable time (not more than 60 days) 30 days after Service Provider's Customer’s written verification notice of such breach, Customer may, at its option, terminate the this Agreement by serving written notice of termination after receipt of Service Provider’s written notification that it has failed to cure such breach.in accordance with Section 6.2.‌ (b) In the event the this Agreement is terminated pursuant to Section 5.2(a4.2(a) above, Service Provider CC3 shall within 60 30 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for the Service or Deliverables (as defined in Section 6 5 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination by the Customer on a prorated pro-rated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 10 30 days after delivery of such Service or Deliverable to Customer. 4.3 CC3 MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION 4.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limited Warranty and Limitation of Liability. 5.1 Service Provider warrants that it shall perform the Services: (a) In accordance with the terms and subject to the conditions set out in the respective Statement of Work and this Agreement. (b) In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. 5.2 Except as set forth in Section 5.3 below, Service Provider's sole and exclusive liability and Customer's sole and exclusive remedy for breach under of this agreement warranty shall be as follows: (a) Service Provider shall use reasonable commercial efforts to promptly cure any such breach after receiving written notice of such breach from Customer and upon verification to Customer in writing of its agreement that such breach has in fact occurredbreach; provided, that if Service Provider cannot cure such breach within a reasonable time (not more than 60 days) after Service ProviderCustomer's written verification notice of such breach, Customer may, at its option, terminate the Agreement by serving written notice of termination after receipt of Service Provider’s written notification that it has failed to cure such breachtermination. (b) In the event the Agreement is terminated pursuant to Section 5.2(a) above, Service Provider shall within 60 days after the effective date of termination, refund to Customer any fees paid by the Customer as of the date of termination for the Service or Deliverables (as defined in Section 6 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination by the Customer on a prorated basis. (c) The foregoing remedy shall not be available unless Customer provides written notice of such breach within 10 days after delivery of such Service or Deliverable to Customer.